STATE v. RADZIWIL


235 N.J. Super. 557 (1989)

563 A.2d 856

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PETRO RADZIWIL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 29, 1989.


Attorney(s) appearing for the Case

William E. Norris, Designated Counsel, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney; William E. Norris, of counsel and on the brief).

Janet Flanagan, Deputy Attorney General, argued the cause for respondent (Peter N. Perretti, Jr., Attorney General, attorney; Janet Flanagan, of counsel and on the brief).

Before Judges KING, ASHBEY and SKILLMAN.


The opinion of the court was delivered by SKILLMAN, J.A.D.

The significant issue presented by this appeal is whether evidence that a defendant regularly became intoxicated every weekend at a particular bar is admissible as evidence of a habit to prove that defendant was intoxicated at the time of the automobile collision which resulted in his conviction for aggravated manslaughter and death by auto. We conclude that such evidence was properly admitted under the circumstances...

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